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Incarceration and Crime by John Mackinnon and Chris Jackson

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Incarceration and Crime by John Mackinnon and Chris Jackson © Russell Leonard ‘12 The 2009 Colorado College State of the Rockies Report Card - Editor’s Preface 3131 Rockies Snapshot: Incarceration and Crime By John MacKinnon and Chris Jackson The 2009 Colorado College State of the Rockies Report Card the relative chaos of the Old West has been replaced Justice and Prisons in the Rockies by a more industrialized system. As large numbers of criminals are incarcerated, entire communities, such as On the afternoon of June 24, 1896, Butch Cañon City, Colorado, specialize in prison employment. Cassidy and three members of his “Wild Bunch” entered Some of the nation’s most nefarious criminals, including the San Miguel County Bank in Telluride, Colorado, Ted Kaczynski (the “Unabomber”) and former Gambino drew pistols on the bank teller, robbed the bank of nearly crime family underboss “Sammy the Bull” Gravano, $20,000, and then fled town on horseback. Sheriff James as well as many convicted international terrorists, are A. Beattie and a posse took up the chase but lost the gang housed in the supermax prison in Florence, Colorado, when they switched their horses for fresh mounts at a (Administrative Maximum Unit Prison-ADX) the so- pre-arranged location in the nearby Mancos Mountains. called “Alcatraz of the Rockies.” Even as the general Adding insult to the injury, it was later discovered that tenor of justice in the West has changed, vestiges of the gang had bribed Telluride Town Marshall Jim Clark frontier justice remain; just as the Pinkerton Agency was to “be out of town” the day of the robbery. The Telluride hired to assist state lawmen, today private corrections heist was the first of many bank robberies for Cassidy and companies are contracted to run private prisons that his cohorts, whose prolific criminal careers included bank house state criminals. Also reminiscent of the Old and train robberies in each of the eight Rocky Mountain West are the tactics of Sheriff Joe Arpaio of Maricopa states. Not every job went as smoothly as the San Miguel County, Arizona, the self-titled “toughest Sheriff in County Bank, however, and the gang of outlaws did not America,” whose policies have included chain gangs at always elude pursuing lawmen or the famed Pinkerton tent prisons and assembling posses for midnight raids private security firm that had been hired to track down to round up suspected illegal immigrants. In general outlaw gangs in the West. During their crime spree in the however, the Rockies region reflects the national trend of late 1800’s and early 1900’s, members of the Wild Bunch high incarceration rates and must similarly deal with its were jailed in the Idaho, New Mexico, and Utah state ramifications. prisons, and Cassidy himself was convicted as a horse thief and sentenced to a two-year term in the Wyoming Trends in Crime and Incarceration State Prison. But prison was not always the outcome of scrapes with lawmen and Pinkerton agents—numerous In early 2008, The Pew Center on the States gang members were killed in shootouts, and at least one reported that the U.S. prison population exceeded 2.3 captured outlaw was sentenced to death and hanged. million, meaning that more than 1 out of every 100 The exploits of the Wild Bunch and other U.S. adults is in prison. Of those 2.3 million inmates, outlaw gangs have since been immortalized as relics 1.6 million are in state and federal prisons for long-term of a romanticized period of “frontier justice.” Today, confinement (typically over one year), and the remaining About the authors: John MacKinnon (Colorado College ‘06) was a 2008 researcher for the State of the Rockies Project and © Arielle Gross ‘12 currently attends law school at Lewis and Clark College. Chris Jackson (Colorado College ‘06) was the 2006-07 and 2007- 08 Rockies Program Coordinator. 700,000 are in local jails (serving shorter sentences, high crime rate translates to more arrests and jail terms, usually under one year). The U.S. has by far both the but that alone cannot explain the high prison population highest incarcerated population and highest incarceration in the U.S. rate in the world.1 The European nations with the next A second major contributor to high jail highest prison rates are the Russian Federation followed populations is the relatively harsh sentences that have by Belarus, Georgia, and the Ukraine. In terms of total become the standard in the U.S. As argued by one inmates, the United States has a larger prison population researcher: than that of the 26 largest European nations combined.2 There are myriad factors that contribute to the Only the United States uses life-without-possibility- exceptionally high rate of incarceration in the U.S. The of-parole sentences; elsewhere, even murderers first and most obvious reason is the high rate of violent sentenced to life terms are eligible for parole crime in the U.S., particularly gun-related crime. In or executive-branch commutation, and they are 2004, the homicide rate in the U.S. was nearly 3.5 times typically released after 8 to 12 years. Only in the greater than the western European average;3 in 2001, the United States are prison sentences longer than 1 rate of homicides involving a firearm was over five times or 2 years common; in most countries, fewer than the western European average.4 It makes sense that a 5 percent of sentences are for a year or longer.5 Table 1: In 2004, the average felony sentence for those serving State Corrections Funding, 2007 in a state prison was nearly 5 years.6 Two crimes that have similar definitions regardless of country and are therefore appropriate to compare internationally are burglary (breaking in and entering) and robbery (seizing 7 2006 Fund property through violence). A 2004 U.S. Bureau of Dollars Percent of of Percent Millions of of Millions Justice Statistics report revealed the average sentence for Workforce, Workforce, State General General State in Corrections in Corrections State Employees Employees State burglary in the U.S. was 51.5 months, compared to 19.3 50 state total 11% $44,062 7% months in England and Wales. The average sentence Arizona 15% $895 9% for robbery in the U.S. was 85.5 months, while the same Colorado 10% $599 9% crime in England and Wales typically yielded a 40-month Idaho 8% $179 7% sentence. Comparisons with other European countries Montana 6% $142 8% show the same disparity.8 Nevada 14% $222 6% Stiff sentences are partially the result of a wave of New Mexico 8% $241 4% federal and state anticrime laws passed over the last three Utah 7% $324 7% decades. Many of these laws included strict sentencing Wyoming 7% $82 4% guidelines, including federal mandatory minimums for Source: “One in 100: Behind Bars in America 2008,” Pew Center on the States, 2008. drug crimes that emerged from the “war on drugs,” as well as the notorious “three strikes you’re out” Figure 1: laws in California and similar state laws passed Direct Expenditures by Criminal Justice Function, All Levels of Government, United States, across the nation.9 Since the 1990’s, many of these 1982-2005. In Billions of Dollars rigid guidelines have been eased, and many past 100 supporters of strict crime laws are rethinking their position. But in general, the public continues to encourage judges, prosecutors, and politicians to 80 demonstrate a record of being “tough on crime.”10 Notably, the U.S. is one of only a few countries Corrections that elect public prosecutors and state court judges, Judicial 60 Police subjecting them to the whims of public opinion. In a 1998 article, Eric Schlosser suggested another cause for the incarceration rate in the 40 U.S.—the prison industrial complex.11 The Billions of Dollars corrections industry is big business in America; new prisons mean income for construction 20 companies, employment for prison guards and business for vendors who supply correctional facilities with everything from food to pay phones. 0 Data from 1982 to 2005 demonstrate the growth of the prison industry, showing expenditures for 1982 1985 1990 1995 2000 2005 police, corrections facilities, and judicial expenses Source: Bureau of Justice Statistics growing 396 percent, 619 percent, and 474 percent, 32 The 2009 Colorado College State of the Rockies Report Card - Incarceration The 2009 Colorado College State of the Rockies Report Card - Incarceration 33 Table 2: 6.8 percent of their general funds on corrections operations. Table 1 Average Length of Imprisonment summarizes the Pew Center findings on incarceration data for each by Offense Category, United States, state in the Rockies region, as well as the 50-state totals.13 Figure 1 2007 illustrates the growth of direct expenditures on criminal justice in the US at all levels of government and Figure 2 shows the breakdown of such expenditures on police, corrections, and judicial functions. Critics of the Pew Center report have claimed the analysis is incomplete, as it presents the costs of incarceration, but not the Grading Weight for for Weight benefits. A 2004 report by economist Steven Levitt concluded that Mean Months Primary Offense Primary high prison populations are one of four factors that had a positive Murder 258.3 14.1 correlation with the decrease in crime throughout the 1990’s (the Sexual Abuse 97.3 5.31 others were the increased police force, the receding crack epidemic, Robbery 86.5 4.73 and the legalization of abortion). Levitt’s findings controlled for Assault 37.4 2.04 Burglary/B&E 20.7 1.13 Figure 2: Larceny 18.3 1.00 Direct expenditure on criminal justice (police, corrections, judicial) by level of government, United States, 1982-2005.
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